House Study Bill 154 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON KLEIN) A BILL FOR An Act relating to the operation of authorized emergency 1 vehicles and snow plows, making penalties applicable, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1523YC (3) 88 ns/rh

H.F. _____ Section 1. Section 321.1, Code 2019, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 20C. “Emergency lights” means steady, 3 oscillating, rotating, or flashing red and blue lights, but 4 does not include original or aftermarket amber, white, or red 5 directional or emergency signal, brake, or tail lamps. 6 NEW SUBSECTION . 93A. “Warning lights” means steady, 7 oscillating, rotating, or flashing amber or white lights, and 8 steady, oscillating, rotating, or flashing amber or red lights 9 on a school bus, but does not include original or aftermarket 10 amber, white, or red directional or emergency signal, brake, 11 or tail lamps. 12 Sec. 2. Section 321.231, subsection 1, Code 2019, is amended 13 to read as follows: 14 1. The driver of an authorized emergency vehicle, when 15 responding to an emergency call or incident, or when in the 16 pursuit of an actual or suspected perpetrator of a felony or 17 misdemeanor, or in response to an incident dangerous to the 18 public , or when responding to but not upon returning from a 19 fire alarm, may exercise the privileges set forth in this 20 section . 21 Sec. 3. Section 321.231, subsection 2, Code 2019, is amended 22 by adding the following new paragraphs: 23 NEW PARAGRAPH . c. Drive the vehicle on the shoulder or 24 median of a highway. 25 NEW PARAGRAPH . d. Disregard laws or regulations governing 26 turning the vehicle in specified directions. 27 NEW PARAGRAPH . e. Disregard laws or regulations governing 28 overtaking or passing other motorists. 29 Sec. 4. Section 321.231, subsections 3 and 4, Code 2019, are 30 amended to read as follows: 31 3. The driver of a an official fire department vehicle, 32 police vehicle, rescue vehicle, or ambulance, or emergency 33 medical services vehicle, or a peace officer riding a police 34 bicycle in the line of duty, may do any of the following: 35 -1- LSB 1523YC (3) 88 ns/rh 1/ 19

H.F. _____ a. Proceed past a red or stop signal or stop sign, but 1 only after slowing down as an emergency vehicle driver may be 2 necessary deem reasonable for safe operation in the same or 3 similar circumstances based on information known to the driver 4 at the time . 5 b. Exceed the maximum speed limits so long as the driver 6 does not recklessly endanger life or property . 7 4. a. The exemptions granted to the driver of an authorized 8 emergency vehicle under subsection 2 and to a the driver of 9 an official fire department vehicle, police vehicle, rescue 10 vehicle, or ambulance , or emergency medical services vehicle as 11 provided in subsection 3 shall apply only when such vehicle is 12 making use of an audible signaling warning device meeting the 13 requirements of section 321.433 or a visual signaling device , 14 except that use of an audible or visual signaling device shall 15 not be required when exercising the meeting the requirements 16 of section 321.423. 17 b. The exemption granted under subsection 3 , paragraph 18 “b” , when the vehicle is operated by a peace officer shall be 19 granted to a peace officer or reserve peace officer operating 20 an authorized emergency vehicle without using an audible 21 warning device or visual signaling device if such action does 22 not recklessly endanger the life of the officer or the vehicle, 23 and if the officer is pursuing a suspected violator of the 24 speed restrictions imposed by or pursuant to this chapter 25 for the purpose of determining the speed of travel of such 26 suspected violator , or if the officer reasonably believes based 27 on the facts and circumstances at the time that a suspected 28 violator’s knowledge of the officer’s proximity may cause the 29 suspected violator to destroy evidence of a suspected felony 30 or aggravated misdemeanor, evade apprehension, or endanger the 31 public or the officer . 32 c. The exemption granted under subsection 3, paragraph 33 “b” , shall be granted to the driver of an authorized emergency 34 vehicle transporting a patient to a hospital while using 35 -2- LSB 1523YC (3) 88 ns/rh 2/ 19

H.F. _____ a visual signaling device but without using an audible 1 warning device if a certified emergency medical care provider 2 reasonably believes the patient’s condition warrants limited 3 use of the vehicle’s audible warning device, provided the 4 driver activates the vehicle’s audible warning device when 5 necessary to warn motorists or pedestrians of the vehicle’s 6 approach, or when approaching an intersection. 7 Sec. 5. Section 321.231, Code 2019, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 3A. A peace officer operating an authorized 10 emergency vehicle may execute a lawful intervention technique 11 if such execution is reasonable under the circumstances based 12 on the information available to the officer at the time, and 13 the officer has completed a training course approved by the 14 Iowa law enforcement academy that instructs participants in the 15 proper execution of lawful intervention techniques. 16 Sec. 6. NEW SECTION . 321.231A Authorized emergency vehicles 17 —— parades and events. 18 1. The driver of an authorized emergency vehicle may operate 19 the vehicle as part of an official governmental event for the 20 purposes of the safety and security of an elected official, 21 candidate for public office, or the public, or as part of a 22 parade or other public service event if the parade or event 23 is approved by the state or a municipality, as defined in 24 section 670.1, and notice of the parade or event is publicly 25 disseminated by the state or municipality in the area where the 26 parade or event will occur at least five days prior to the date 27 on which the parade or event will occur. 28 2. Notwithstanding any provision of law to the contrary, an 29 authorized emergency vehicle operating in a parade or event may 30 display emergency lights or warning lights. This subsection 31 shall not be construed to exempt the driver of the authorized 32 emergency vehicle from any duty to operate the vehicle with due 33 regard for the safety of all persons. 34 Sec. 7. NEW SECTION . 321.231B Authorized emergency vehicles 35 -3- LSB 1523YC (3) 88 ns/rh 3/ 19

H.F. _____ —— immunity from liability. 1 1. A fire fighter who is certified by the fire service 2 training bureau, as described in section 100B.6, as a fire 3 apparatus driver or operator and who has completed an emergency 4 vehicle operations course and any applicable continuing 5 education requirements established or approved by the fire 6 service training bureau shall not be liable for any injury or 7 loss arising from the fire fighter’s operation of an authorized 8 emergency vehicle in response to an emergency call or incident 9 or to an incident dangerous to the public unless the fire 10 fighter operates the vehicle with willful and wanton disregard 11 for the safety of persons or property. 12 2. An emergency medical care provider, as defined in section 13 147A.1, who has completed an emergency vehicle operations 14 course and any applicable continuing education requirements 15 established or approved by the department of public health 16 shall not be liable for any injury or loss arising from the 17 provider’s operation of an authorized emergency vehicle in 18 response to an emergency call or incident or to an incident 19 dangerous to the public unless the provider operates the 20 vehicle with willful and wanton disregard for the safety of 21 persons or property. 22 3. A peace officer, as defined in section 801.4, or a 23 reserve peace officer, as defined in section 80D.1A, who has 24 completed an emergency vehicle operations course and any 25 applicable continuing education requirements established 26 or approved by the Iowa law enforcement academy shall not 27 be liable for any injury or loss arising from the officer’s 28 operation of an authorized emergency vehicle in response to an 29 emergency call or incident or to an incident dangerous to the 30 public unless the officer operates the vehicle with willful and 31 wanton disregard for the safety of persons or property. 32 4. Subsections 1 through 3 apply only when, in response 33 to an emergency call or incident or to an incident dangerous 34 to the public, the authorized emergency vehicle is making 35 -4- LSB 1523YC (3) 88 ns/rh 4/ 19

H.F. _____ use of a siren meeting the requirements of section 321.433 1 or flashing blue and red lights meeting the requirements of 2 section 321.423. The protections from liability provided by 3 subsections 1 through 3 apply in addition to any other defenses 4 to liability provided by law. 5 5. a. The driver of an authorized emergency vehicle shall 6 not be liable for any injury or loss arising from the operation 7 of the authorized emergency vehicle unless actual malice or 8 willful and wanton disregard for the safety of persons or 9 property is proven by clear and convincing evidence. 10 b. If a person brings a tort claim against the driver of 11 an authorized emergency vehicle, a municipality, as defined in 12 section 670.1, or this state, for any injury or loss arising 13 from the operation of the authorized emergency vehicle, the 14 court shall determine, on motion by any party or on its own 15 motion, whether the person has presented sufficient, admissible 16 evidence to support a prima facie finding of actual malice 17 or willful and wanton disregard for the safety of persons or 18 property, before the matter proceeds to trial. 19 Sec. 8. Section 321.324A, Code 2019, is amended by adding 20 the following new subsection: 21 NEW SUBSECTION . 4. a. The driver of an authorized 22 emergency vehicle may operate the vehicle as part of a funeral 23 procession if approved by each municipality, as defined in 24 section 670.1, in which the funeral procession occurs. 25 b. Notwithstanding any provision of law to the contrary, 26 an authorized emergency vehicle operating in a funeral 27 procession may display emergency lights or warning lights. 28 This subsection shall not be construed to exempt the driver of 29 the authorized emergency vehicle from any duty to operate the 30 vehicle with due regard for the safety of all persons. 31 Sec. 9. Section 321.393, subsection 4, Code 2019, is amended 32 to read as follows: 33 4. The provisions of this section shall not prohibit the 34 use of a lighting device or reflector displaying an amber light 35 -5- LSB 1523YC (3) 88 ns/rh 5/ 19

H.F. _____ when such lighting device or reflector is mounted on a motor 1 truck, trailer, tractor, or motor grader owned by the state, 2 or any political subdivision of the state, or any municipality 3 therein, while such equipment is being used for snow removal, 4 sanding, maintenance, or repair of the public streets or 5 highways , or when such lighting device is permitted or required 6 under section 321.423 or any other provision of law . 7 Sec. 10. Section 321.423, subsection 2, paragraphs f and h, 8 Code 2019, are amended to read as follows: 9 f. A flashing white light , including a flashing headlamp, is 10 permitted on a vehicle pursuant to subsection 7 . 11 h. A flashing amber warning light is permitted on a 12 towing or recovery vehicle, a utility maintenance vehicle, a 13 municipal maintenance vehicle, a highway maintenance vehicle, 14 a construction vehicle, a solid waste or recycling collection 15 service vehicle, a snow plow, or a vehicle operated in 16 accordance with subsection 6 or section 321.398 or 321.453 . 17 Sec. 11. Section 321.423, subsection 3, paragraph a, 18 subparagraph (3), Code 2019, is amended to read as follows: 19 (3) An authorized emergency vehicle, other than a vehicle 20 described in paragraph “a” , subparagraph (1) or (2) , if the blue 21 light is positioned on the passenger side of the vehicle and is 22 used in conjunction with a red light positioned on the driver 23 side of the vehicle . 24 Sec. 12. Section 321.423, subsection 6, Code 2019, is 25 amended to read as follows: 26 6. Amber flashing light. 27 a. A farm tractor, farm tractor with towed equipment, 28 self-propelled implement of husbandry, road construction or 29 maintenance vehicle, road grader, or other vehicle principally 30 designed for use off the highway which, when operated on 31 a primary or secondary road, is operated at a speed of 32 thirty-five miles an hour or less, shall be equipped with and 33 display an amber flashing light visible from the rear at any 34 time from sunset to sunrise. If the amber flashing light is 35 -6- LSB 1523YC (3) 88 ns/rh 6/ 19

H.F. _____ obstructed by the towed equipment, the towed equipment shall 1 also be equipped with and display an amber flashing light as 2 required under this subsection . 3 b. (1) A vehicle owned by a municipality, as defined in 4 section 670.1, or a company in the business of snow and ice 5 treatment or removal, that is used for snow and ice treatment 6 or removal shall be equipped with one or more amber warning 7 lights. This paragraph shall not be construed to require a 8 lawn mower, snow blower, or all-terrain vehicle to be equipped 9 with one or more amber warning lights. 10 (2) When a vehicle subject to subparagraph (1) is used to 11 plow snow or remove snow or ice accumulation, the operator of 12 the vehicle shall activate and display the vehicle’s amber 13 warning lights to alert pedestrians and other motorists. 14 (3) The department shall adopt rules establishing minimum 15 optical warning light equipment standards for privately owned 16 vehicles used for snow and ice treatment or removal. The 17 department may offer safety inspections for such vehicles at a 18 reasonable fee established by the department by rule. 19 c. All vehicles specified in this subsection which are 20 manufactured for sale or sold in this state shall be equipped 21 with an amber flashing light in accordance with the standards 22 of the American society of agricultural engineers. 23 Sec. 13. NEW SECTION . 321.424 Authorized emergency vehicle 24 lights. 25 Notwithstanding any provision of law to the contrary: 26 1. An authorized emergency vehicle may be equipped with 27 a combination of interior or exterior emergency lights and 28 warning lights, flashing headlamps, and flashing tail lamps. 29 2. An official law enforcement, fire department, or 30 emergency medical services vehicle owned by the state or a 31 municipality, as defined in section 670.1, that was purchased, 32 delivered, or refurbished on or after July 1, 2019, shall be 33 equipped with flashing headlamps unless the vehicle lacks the 34 capability to be equipped with flashing headlamps. The lack 35 -7- LSB 1523YC (3) 88 ns/rh 7/ 19

H.F. _____ of such a capability shall be documented by the seller of 1 the vehicle and such documentation shall be provided to the 2 purchaser of the vehicle at the time of sale. 3 3. An authorized emergency vehicle owned by the state, 4 a municipality, as defined in section 670.1, or a private 5 emergency medical services company delivering services to the 6 state, a municipality, or a hospital pursuant to a written 7 contract, or a privately owned vehicle designated as an 8 authorized emergency vehicle pursuant to section 321.451, shall 9 be equipped with a combination of operational red and blue 10 emergency lights. Authorized emergency vehicles in service on 11 or before the effective date of this Act shall be equipped to 12 comply with this subsection on or before July 1, 2021. 13 4. An authorized emergency vehicle equipped with an 14 interior or exterior light bar shall position front and rear 15 facing red lights on the driver’s side of the vehicle and front 16 and rear facing blue lights on the passenger’s side of the 17 vehicle. 18 5. An authorized emergency vehicle equipped with an 19 interior or exterior light bar with red and blue flashing 20 emergency lights may be equipped with flashing or solid white 21 lights scattered among or between any lens that displays a red 22 or blue flashing light. 23 6. An authorized emergency vehicle may be equipped with one 24 or more lights capable of emitting a split red and blue steady 25 or flashing light, which may be mounted on or in the vehicle. 26 7. An authorized emergency vehicle may be equipped with 27 emergency lights on the side of the vehicle capable of emitting 28 red and blue light, red and white light, or blue and white 29 light. 30 8. An authorized emergency vehicle may be equipped with 31 emergency lights or warning lights with a clear or colored 32 lens. 33 9. An official law enforcement, fire, rescue, or emergency 34 medical services vehicle may be equipped with lights or light 35 -8- LSB 1523YC (3) 88 ns/rh 8/ 19

H.F. _____ bars containing one or more rear zone amber warning lights or 1 amber directional arrows, which shall be in addition to any 2 other required lighting equipment. An authorized emergency 3 vehicle shall not be equipped with an amber warning light 4 positioned on the front or side of the vehicle. However, 5 an aerial fire apparatus may be equipped with amber flashing 6 lights on the outriggers of the apparatus. 7 10. An authorized emergency vehicle may be equipped with 8 one or more steady, oscillating, or flashing white lights, 9 flashing headlamps, or flashing reverse lamps, which shall be 10 in addition to any other required lighting equipment. A light 11 bar shall not be equipped or used to display flashing white 12 lights visible from the rear of the vehicle. This subsection 13 shall not be construed to prohibit an authorized emergency 14 vehicle owned by the state or a municipality, as defined in 15 section 670.1, from being equipped with or using a spotlight or 16 exterior light bar capable of displaying a steady white light 17 for use as a work light, alley light, search light, or takedown 18 light. 19 11. An authorized emergency vehicle owned by a state or a 20 municipality, as defined in section 670.1, that is primarily 21 used as an incident command vehicle may be equipped with one 22 or more steady or flashing green lights, which shall be in 23 addition to any other required lighting equipment. A steady 24 or flashing green light equipped pursuant to this subsection 25 shall not be activated unless the vehicle is being used as 26 a stationary incident command post at the location of an 27 emergency incident, an official training exercise, or for 28 maintenance or demonstration purposes. 29 Sec. 14. Section 321.433, Code 2019, is amended to read as 30 follows: 31 321.433 Sirens, whistles, air horns, and bells prohibited. 32 1. A vehicle shall not be equipped with and a person shall 33 not use upon a vehicle any siren, whistle, or bell, except as 34 otherwise permitted in this section or any other provision of 35 -9- LSB 1523YC (3) 88 ns/rh 9/ 19

H.F. _____ law . 1 2. It is permissible but not required that any commercial 2 vehicle be equipped with a theft alarm signal device which is 3 so arranged that it cannot be used by the driver as an ordinary 4 warning signal. 5 3. Any authorized emergency vehicle may be equipped with 6 a siren, whistle, air horn, or bell capable of emitting sound 7 audible under normal conditions from a distance of not less 8 than five hundred feet , but the . 9 4. An authorized emergency medical services program, fire 10 department, or law enforcement agency may equip one or more 11 vehicles with an air horn. 12 5. An official fire department vehicle, emergency medical 13 services program vehicle, or law enforcement vehicle owned 14 by the state, a municipality, as defined in section 670.1, 15 or a corporation providing emergency medical services to 16 a municipality pursuant to a written contract, that was 17 purchased, delivered, or refurbished on or after July 1, 18 2019, excluding an all-terrain vehicle or a special service 19 vehicle, shall be equipped with a two-hundred-watt electric 20 or electronic siren capable of emitting at least two distinct 21 siren tones, and one or more compatible siren speakers. 22 6. An authorized emergency vehicle’s siren, whistle, or 23 bell shall not be used except when the vehicle is operated in 24 response to an emergency call or incident, in response to an 25 incident dangerous to the public, in a parade or designated 26 public service event, for a demonstration, for maintenance, or 27 in the immediate pursuit of an actual or suspected violator of 28 the law, and the driver of the vehicle shall sound the siren, 29 whistle, or bell when the driver reasonably believes necessary 30 to warn pedestrians and other drivers of the approach of the 31 vehicle. 32 7. For purposes of this section: 33 a. “Electric siren” means an audible warning device that 34 produces sound using an electric motor with an attached 35 -10- LSB 1523YC (3) 88 ns/rh 10/ 19

H.F. _____ rotating slotted or perforated disc. 1 b. “Electronic siren” means an audible warning device 2 that produces sound electronically using amplifiers and 3 electromagnetic speakers. 4 Sec. 15. Section 321.451, subsection 1, Code 2019, is 5 amended by adding the following new paragraphs: 6 NEW PARAGRAPH . g. A vehicle owned by a certified chief or 7 certified chief officer of a volunteer fire department, a fire 8 department comprised of a combination of volunteer and paid 9 members, or a nonprofit corporation that delivers emergency 10 services on behalf of a municipality, as defined in section 11 670.1, pursuant to a written contract, if the application for 12 a certificate of designation is requested by the chief of the 13 fire department. However, the department shall not approve 14 an application received pursuant to this paragraph unless 15 the owner of the vehicle has completed an emergency vehicle 16 operations course approved by the fire service training bureau, 17 as described in section 100B.6, provided proof of certification 18 as a fire officer, and provided proof of financial liability 19 coverage or risk pool coverage. 20 NEW PARAGRAPH . h. A vehicle owned by a chief or medical 21 director of an authorized emergency medical service provider, 22 if the application for a certificate of designation is 23 requested by the chief of the authorized emergency medical 24 service provider. However, the department shall not approve 25 an application received pursuant to this paragraph unless 26 the owner of the vehicle has completed an emergency vehicle 27 operations course approved by the department of public health, 28 and provided proof of financial liability coverage or risk pool 29 coverage. 30 NEW PARAGRAPH . i. A vehicle owned by a state or county 31 emergency management coordinator if the application for a 32 certificate of designation is requested by the emergency 33 management coordinator. However, the department shall not 34 approve an application received pursuant to this paragraph 35 -11- LSB 1523YC (3) 88 ns/rh 11/ 19

H.F. _____ unless the owner of the vehicle has completed an emergency 1 vehicle operations course approved by the fire service training 2 bureau, as described in section 100B.6, or the department 3 of public health, and provided proof of financial liability 4 coverage or risk pool coverage. 5 Sec. 16. Section 321.451, subsection 3, Code 2019, is 6 amended to read as follows: 7 3. The certificate of designation shall be valid for a 8 period of one year and shall at all times be carried with the 9 registration receipt for the vehicle to which the certificate 10 refers. The certificate may be revoked or temporarily 11 suspended by the director upon a showing of abuse , of reckless 12 or unsafe driving, of failure to prove or maintain at all 13 times financial liability coverage or risk pool coverage, or 14 that the vehicle has unsafe equipment . The certificate shall 15 only be revoked or suspended after notice to the holder of the 16 certificate and a hearing before the director or the director’s 17 designee. A peace officer may request proof of certification 18 and proof of financial liability coverage or risk pool coverage 19 from the holder of a certificate and provide information to the 20 director or the director’s designee alleging grounds for the 21 revocation or suspension of a certificate. The director shall 22 develop, maintain, and make available electronic forms to be 23 used by a peace officer or other person to submit information 24 regarding the revocation or suspension of a certificate. 25 Sec. 17. Section 321.451, Code 2019, is amended by adding 26 the following new subsections: 27 NEW SUBSECTION . 4. The department shall create and maintain 28 a database of vehicles designated as an authorized emergency 29 vehicle pursuant to this section. 30 NEW SUBSECTION . 5. The operator of a vehicle designated 31 as an authorized emergency vehicle pursuant to this section, 32 except a vehicle designated under subsection 1, paragraph “f” , 33 may request reimbursement from the operator’s employer or 34 organization for which the operator volunteers for reasonable 35 -12- LSB 1523YC (3) 88 ns/rh 12/ 19

H.F. _____ costs or expenses incurred by the operator during the operation 1 of the vehicle as an authorized emergency vehicle on official 2 business, including fuel and mileage reimbursement, and the 3 operator shall be reimbursed upon a determination that the 4 operator’s request was proper. 5 NEW SUBSECTION . 6. A public or private employer shall 6 not require an employee or volunteer to apply for or maintain 7 a certificate of designation pursuant to this section as a 8 condition of employment or of permitting the person to continue 9 to volunteer. A person shall not be required to operate or 10 use a vehicle designated as an authorized emergency vehicle 11 pursuant to this section. 12 NEW SUBSECTION . 7. This section shall not be construed 13 to exempt the state or a municipality, as defined in section 14 670.1, from any duty to purchase, equip, maintain, or otherwise 15 provide authorized emergency vehicles to meet any requirement 16 to provide public services, including law enforcement, fire 17 protection, rescue, or emergency medical services. 18 Sec. 18. EFFECTIVE DATE. This Act, being deemed of 19 immediate importance, takes effect upon enactment. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 OPERATION IN EMERGENCY SITUATIONS. This bill allows the 24 driver of an authorized emergency vehicle, when responding 25 to an emergency call or incident, when in the pursuit of an 26 actual or suspected perpetrator of a felony or misdemeanor, 27 in response to an incident dangerous to the public, or when 28 responding to but not upon returning from a fire alarm, to 29 drive the vehicle on the shoulder or median of a highway, to 30 disregard laws or regulations governing turning the vehicle 31 in specified directions, and to disregard laws or regulations 32 governing overtaking or passing other motorists. The bill also 33 allows official fire department vehicles, police vehicles, 34 rescue vehicles, ambulances, emergency medical services 35 -13- LSB 1523YC (3) 88 ns/rh 13/ 19

H.F. _____ vehicles, and peace officers riding a police bicycle to proceed 1 past a red or stop signal or stop sign, but only after slowing 2 down as an emergency vehicle driver may deem reasonable for 3 safe operation in the same or similar circumstances based on 4 information known to the driver at the time, and to exceed the 5 maximum speed limits so long as the driver does not recklessly 6 endanger life. 7 Under current law, authorized emergency vehicles are 8 permitted to operate in this manner only when such vehicles are 9 making use of an audible or visual signaling device, except a 10 vehicle operated by a peace officer is not required to use an 11 audible or visual signaling device if the officer is pursuing 12 a suspected violator of a speed limit. The bill provides 13 that a peace officer is also not required to use an audible 14 or visual device if the officer reasonably believes based 15 on the facts and circumstances at the time that a suspected 16 violator’s knowledge of the officer’s proximity may cause the 17 suspected violator to destroy evidence of a suspected felony 18 or aggravated misdemeanor, evade apprehension, or endanger the 19 public or the officer. However, the bill permits such action 20 only if the action does not recklessly endanger the life of the 21 officer or the vehicle. 22 The bill also provides that the driver of an authorized 23 emergency vehicle transporting a patient to a hospital is not 24 required to use an audible warning device while exceeding a 25 speed limit if a certified emergency medical care provider 26 reasonably believes the patient’s condition warrants limited 27 use of the vehicle’s audible warning device, provided the 28 driver activates the vehicle’s audible warning device when 29 necessary to warn motorists or pedestrians of the vehicle’s 30 approach, or when approaching an intersection. 31 The bill further provides that a peace officer operating an 32 authorized emergency vehicle may execute a lawful intervention 33 technique if such execution is reasonable under the 34 circumstances based on the information available to the officer 35 -14- LSB 1523YC (3) 88 ns/rh 14/ 19

H.F. _____ at the time, and the officer has completed a training course 1 approved by the Iowa law enforcement academy that instructs 2 participants in the proper execution of lawful intervention 3 techniques. 4 By operation of law, a violation of these provisions of the 5 bill is punishable by a scheduled fine of $100. 6 PARADES AND EVENTS. The bill allows the driver of an 7 authorized emergency vehicle to operate the vehicle as part of 8 an official governmental event for the purposes of the safety 9 and security of an elected official, candidate for public 10 office, or the public, or as part of a parade or other public 11 service event if the parade or event is approved by the state 12 or a municipality and notice of the parade or event is publicly 13 disseminated by the state or municipality at least five days 14 prior to the date on which the parade or event will occur. In 15 addition, the bill allows an authorized emergency vehicle to 16 operate in a parade or event while displaying emergency lights 17 or warning lights. 18 IMMUNITY FROM LIABILITY. The bill provides that a certified 19 fire fighter, emergency medical care provider, peace officer, 20 or reserve peace officer who has completed certain training 21 shall not be liable for any injury or loss arising from the 22 operation of an authorized emergency vehicle in response to 23 an emergency call or incident or to an incident dangerous to 24 the public unless the vehicle is operated with willful and 25 wanton disregard for the safety of persons or property. This 26 provision of the bill only applies when, in response to an 27 emergency call or incident or to an incident dangerous to the 28 public, the authorized emergency vehicle is making use of a 29 siren or flashing blue and red lights. 30 The bill specifies that the driver of an authorized 31 emergency vehicle shall not be liable for any injury or loss 32 arising from the operation of the vehicle unless actual malice 33 or willful and wanton disregard for the safety of persons or 34 property is proven by clear and convincing evidence. If a 35 -15- LSB 1523YC (3) 88 ns/rh 15/ 19

H.F. _____ person brings a tort claim against the driver of an authorized 1 emergency vehicle, a municipality, or the state for any injury 2 or loss arising from the operation of the authorized emergency 3 vehicle, the bill requires a court to determine, on motion 4 by any party or on its own motion, whether the person has 5 presented sufficient, admissible evidence to support a prima 6 facie finding of actual malice or willful and wanton disregard 7 for the safety of persons or property, before the matter 8 proceeds to trial. 9 FUNERAL PROCESSIONS. The bill authorizes a driver of an 10 authorized emergency vehicle to operate the vehicle as part of 11 a funeral procession if approved by each municipality in which 12 the funeral procession occurs. The bill allows an authorized 13 emergency vehicle operating in a funeral procession to display 14 emergency lights or warning lights. 15 SNOW PLOW LIGHTS. The bill requires snow plows to be 16 equipped with and to use flashing amber warning lights. By 17 operation of law, a violation of this provision is punishable 18 by a scheduled fine of $30. 19 AUTHORIZED EMERGENCY VEHICLE LIGHTS. The bill allows an 20 authorized emergency vehicle to be equipped with a combination 21 of interior or exterior emergency lights and warning lights, 22 flashing headlamps, and flashing tail lamps. The bill requires 23 an official law enforcement, fire department, or emergency 24 medical services vehicle owned by the state or a municipality 25 that was purchased, delivered, or refurbished on or after 26 July 1, 2019, to be equipped with flashing headlamps unless 27 the vehicle lacks the capability to be equipped with flashing 28 headlamps. 29 The bill requires an authorized emergency vehicle owned 30 by the state, a municipality, or a private emergency medical 31 services company, or a privately owned vehicle, to be equipped 32 with a combination of operational red and blue emergency 33 lights. Authorized emergency vehicles in service on or before 34 the effective date of the bill are required to comply with this 35 -16- LSB 1523YC (3) 88 ns/rh 16/ 19

H.F. _____ provision on or before July 1, 2021. The bill also requires 1 an authorized emergency vehicle equipped with an interior or 2 exterior light bar to position front and rear facing red lights 3 on the driver’s side of the vehicle and front and rear facing 4 blue lights on the passenger’s side of the vehicle. 5 The bill provides that an authorized emergency vehicle 6 equipped with an interior or exterior light bar with red and 7 blue flashing emergency lights may be equipped with flashing 8 or solid white lights scattered among or between any lens that 9 displays a red or blue flashing light. An authorized emergency 10 vehicle may also be equipped with one or more lights capable of 11 emitting a split red and blue steady or flashing light, which 12 may be mounted on or in the vehicle, and with emergency lights 13 on the side of the vehicle capable of emitting red and blue 14 light, red and white light, or blue and white light. 15 The bill further provides that an official law enforcement, 16 fire, rescue, or emergency medical services vehicle may be 17 equipped with lights or light bars containing one or more rear 18 zone amber warning lights or amber directional arrows, and 19 prohibits an authorized emergency vehicle from being equipped 20 with an amber warning light positioned on the front or side of 21 the vehicle. However, an aerial fire apparatus may be equipped 22 with amber flashing lights on the outriggers of the apparatus. 23 The bill allows an authorized emergency vehicle to be 24 equipped with one or more steady, oscillating, or flashing 25 white lights, flashing headlamps, or flashing reverse lamps, 26 and prohibits a light bar from being equipped or used to 27 display flashing white lights visible from the rear of the 28 vehicle. However, white lights used as a work light, alley 29 light, search light, or takedown light are permitted. 30 The bill further allows an authorized emergency vehicle 31 primarily used as an incident command vehicle to be equipped 32 with one or more steady or flashing green lights. 33 By operation of law, a violation of any provision of Code 34 chapter 321 for which a penalty is not provided is a simple 35 -17- LSB 1523YC (3) 88 ns/rh 17/ 19

H.F. _____ misdemeanor, punishable by a fine of at least $65 but not to 1 exceed $625 and imprisonment not to exceed 30 days. 2 SIRENS AND AIR HORNS. The bill allows an authorized 3 emergency medical services program, fire department, or law 4 enforcement agency to equip one or more vehicles with an air 5 horn. The bill requires such vehicles purchased, delivered, 6 or refurbished on or after July 1, 2019, to be equipped with 7 a 200-watt electric or electronic siren capable of emitting 8 at least two distinct siren tones, and one or more compatible 9 siren speakers. 10 The bill prohibits an authorized emergency vehicle’s siren, 11 whistle, or bell from being used except when the vehicle is 12 operated in response to an emergency call or incident, in 13 response to an incident dangerous to the public, in a parade 14 or designated public service event, for a demonstration, for 15 maintenance, or in the immediate pursuit of an actual or 16 suspected violator of the law. The bill requires the driver 17 of the vehicle to sound the siren, whistle, or bell when the 18 driver reasonably believes necessary to warn pedestrians and 19 other drivers of the approach of the vehicle. 20 By operation of law, a violation of this provision is 21 punishable by a scheduled fine of $30. 22 DESIGNATION AS AUTHORIZED EMERGENCY VEHICLE. The bill 23 includes in the list of vehicles authorized to be designated 24 as authorized emergency vehicles those vehicles owned by a 25 certified chief or certified chief officer of a volunteer fire 26 department, a fire department comprised of a combination of 27 volunteer and paid members, or a nonprofit corporation that 28 delivers emergency services; vehicles owned by a chief or 29 medical director of an authorized emergency medical service 30 provider; and vehicles owned by a state or county emergency 31 management coordinator. The bill requires the completion of 32 certain training and proof of financial liability coverage or 33 risk pool coverage to obtain the designation. 34 The bill provides that a certificate of designation as an 35 -18- LSB 1523YC (3) 88 ns/rh 18/ 19